← Library
High Court of DelhiCRL.M.C./6765/2025

Lalit Mohan And ANR v. State NCT Of Delhi And ANR

2025-09-22Hon'Ble Mr. Justice Arun Monga3 pages

$~85 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6765/2025, CRL.M.A. 28472/2025 LALIT MOHAN AND ANR .....Petitioners Through:

Mr.

Rohit & Mr.

Deepanshu, Advocates.

versus STATE NCT OF DELHI AND ANR .....Respondents Through:

Mr. Digam Singh Dagar, APP for the State with SI Rohit Chahar, PS Subhash Place.

CORAM:

HON'BLE MR. JUSTICE ARUN MONGA

O R D E R

% 22.09.2025 1.

Petitioners herein seek quashing of an FIR No. 120/2015 dated 29.01.2015 for the alleged offences punishable under Sections 498A/406/34 IPC, registered at Police Station Saraswati Vihar, along with any consequential proceedings arising therefrom, on the basis of a compromise. 2.

Dispute arose from matrimonial discord between petitioner no. 1 (husband) and respondent no.2/complainant (wife). The couple got married on 01.12.2009 according to Hindu rites and ceremonies. No child is born from the wedlock and the couple has been living separately since 10.03.2014. Petitioner no.2 is the mother of petitioner no.1 3.

Learned counsel for the petitioners submits that the parties have now amicably settled the matter vide Settlement Deed dated 09.09.2024, The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

appended as Annexure P-3. Learned counsel also submits that the affidavit to the effect of no objection to quashing deposed by respondent no.2/ complainant is also placed on record.

3.1 He further submits that pursuant to the settlement, marriage between the petitioner No.1 and respondent no.2 has already been dissolved by a decree of divorce dated 20.11.2024.

4.

Learned counsel for respondent no.2 and APP for the State concur with the factum of compromise and submit that, in view of the settlement, the proceedings deserve to be quashed.

5.

In the aforesaid backdrop, I have heard learned counsel for the petitioners and respondent no. 2 as well as perused the material available on record.

6.

The parties are present in Court. Upon a query put to respondent No. 2, she candidly submits that she has amicably resolved her differences with her husband and has entered into the settlement out of her own free will, without any pressure, coercion, or undue influence. She further states that pursuant to the settlement, the petitioner no.1 has complied with the terms of the settlement to her satisfaction and nothing remains payable to her. She also states that in view of the settlement, she does not wish to continue with the proceedings against the petitioners.

7.

Having heard, the dispute appears to be a purely family matter with no involvement of public or societal interest. Since the complainant (wife) does not wish to press charges and there is no incriminating evidence against the petitioners, coupled with the fact that a compromise has been reached, continuing with the criminal proceedings would be an exercise in futility, amounting to an abuse of the legal process. Furthermore, it would place an The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

unnecessary burden on the judicial system and lead to the wasteful expenditure of public resources by the prosecution. 8.

The trial would thus serve no fruitful purpose and further proceedings would rather result in hostility between the parties, defeating the very purpose of their settlement. In view thereof, the proceedings deserve to be quashed in exercise of the inherent powers of the Court. Reference in this context may also be made to judgment rendered in the case of Gian Singh vs. State of Punjab & Anr. [(2012) 10 SCC 303]. 9.

Accordingly, in the larger interest of justice, invoking inherent powers vested with this Court under Section 528 of BNSS, 2023 the FIR No. 120/2015 dated 29.01.2015 for the alleged offences punishable under Sections 498A/406/34 IPC, registered at Police Station Saraswati Vihar, and all other proceedings arising therefrom are hereby quashed. 10.

All pending application(s), if any, shall also stand disposed of. ARUN MONGA, J SEPTEMBER 15, 2025/rs/nk The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.